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Disabled parking - clamped


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Hi

 

First time I've posted in this area.

 

My in-laws were staying with us for a couple of weeks as they had just had their house repossessed, my partner took his mum to the local shopping centre, she parked in the disabled bay and displayed her badge.

 

When they returned to the car it had a clamp on, my mother in law had been under such pressure from the repo and other family problems she hadn't realised it had expired a few days before. She is on incapacity benefit, has no money and no home (well a room in a hostel now, if that counts).

 

She had to pay £95 on the spot for the release of the clamp, I told her to reapply for her mobility badge, which she got no problem and I would then use the power of CAG to try and get the money reimbursed. She used her incapacity benefit to pay and had they not been staying with us they would of starved for a couple of weeks.

 

I sent a nice letter on her behalf with a copy of the newly reissued badge politely asking for a refund of the fee as this had caused her severe hardship but they've written back including a photo of her out of date badge by a few days saying no.

 

Note she was parked in an area policed by a private company.

 

Have I got any chance of getting it back, my mother in law is happy to accept their first letter but I think its outrageous and am happy to fight until they give in.

 

Any advice on what to do/try next?

 

Thanks :D

I love CAG!

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Hi

 

First time I've posted in this area.

 

My in-laws were staying with us for a couple of weeks as they had just had their house repossessed, my partner took his mum to the local shopping centre, she parked in the disabled bay and displayed her badge.

 

When they returned to the car it had a clamp on, my mother in law had been under such pressure from the repo and other family problems she hadn't realised it had expired a few days before. She is on incapacity benefit, has no money and no home (well a room in a hostel now, if that counts).

 

She had to pay £95 on the spot for the release of the clamp, I told her to reapply for her mobility badge, which she got no problem and I would then use the power of CAG to try and get the money reimbursed. She used her incapacity benefit to pay and had they not been staying with us they would of starved for a couple of weeks.

 

I sent a nice letter on her behalf with a copy of the newly reissued badge politely asking for a refund of the fee as this had caused her severe hardship but they've written back including a photo of her out of date badge by a few days saying no.

 

Note she was parked in an area policed by a private company.

 

Have I got any chance of getting it back, my mother in law is happy to accept their first letter but I think its outrageous and am happy to fight until they give in.

 

Any advice on what to do/try next?

 

Thanks :D

Under the the Private Security Industry Act and regulations they should not have clamped a vehicle displaying a valid disabled badge.

 

By your own admission the badge was not valid due to it being expired. It would be interesting to hear whether the Security Industry Authority make of it.

 

Have a read of the clamping guide in the stickies it gives guidance on other avenues to persue.

 

You have written to them with no joy. You have to decide whether it is worth taking this to court.

 

If you decide it is then you should send a letter to both the clamper and the landowner entitled letter before action. In the letter state the reason you believe that they should not have clamped you and ask for a full refund. Make sure you send the letter recorded delivery.

 

You should be able to obtain the land owners details from the land registry. You should sue both because clamping companies have a history of ignoring CCJ's.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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I would still strongly argue it amounts to disability discrimination and victimisation regardless of whether a blue badge is possessed.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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I will read the clamping guide in the stickies. I'd rather avoid court if I can, I'm in my last trimester of pregnancy and mum-in-law just can't cope with the additional pressure, she's happy to ignore and let it go away but they took her incapacity benefit and to me that's sheriff of nottingham style robbery.

 

I was hoping to appeal to their better nature. They did also clamp the car next to her as they had forgotten to display their badge but when they showed the badge to the clampers they took it off with no payment and no argument (they were all waiting together for them to return and take the clamp off).

 

The badge had literally expired about 2 or 3 days before, I feel so bad for her as she's had so much on her shoulders to worry about she completely forgot about checking the renewal of the disabled badge.

 

She always has at least one stick depending on how bad her hip is.

I love CAG!

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